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†
Mohd Mahyeddin Mohd Salleh1 --- Nurdeng Deuraseh2 --- Irwan Mohd Subri3 --- Suhaimi Ab. Rahman4 ---
Shuhaimi Mustafa5 --- Mohammad Aizat Jamaludin6 ---Yasmin Hanani Mohd Safian7
1
Lecturer, Faculty of Shari’ah and Law, Universiti Sains Islam Malaysia (USIM), PhD Candidate in Halal Products Research Institute, Universiti
Putra Malaysia (UPM)
2,5
Senior Lecturer, Halal Products Research Institute, Universiti Putra Malaysia (UPM)
3,7
Senior Lecturer, Faculty of Shari’ah and Law, Universiti Sains Islam Malaysia (USIM)
4
Senior Lecturer, Faculty of Economics and Management, Universiti Putra Malaysia (UPM)
6
Senior Lecturer, International Institute for Halal Research and Training (INHART), International Islamic University Malaysia (IIUM)
ABSTRACT
A ceramic product derived from the bones of non-halal animal has become an issue for Muslims in terms of its status
whether it is halal or haram. The status can be determined by scrutinizing the transformation process or namely as
istiḥālah either a complete change (istiḥālah kāmilah) or an incomplete change (istiḥālah ghayr kāmilah). This
research used the qualitative research method via the approach of document analysis to examine various opinions of
classical and current Islamic jurists on the status of using ceramic products derived from the bones of non halal
animal according to the Islamic law. The research discovers an alternative method of processing ceramic products
from animal bones through istiḥālah. It is a transformation of filthy or haram materials into other materials which
includes physical appearance and its properties such as odor, taste and color.
© 2017 AESS Publications. All Rights Reserved.
Keywords: Ceramic products, Bone China, Water filter, Non-ḥalāl, Animal bone, Istiḥālah, Fiqh-jurisprudence, Halal industry.
Received: 20 July 2016/ Revised: 31 August 2016/ Accepted: 20 September 2016/ Published: 14 October 2016
Contribution/ Originality
This study is one of the very few studies which investigated the non-ḥalāl animal bone which has been used in
ceramic products from the Sharī‟ah perspective. The paper‟s primary contribution is finding that established
istiḥālah; a principle of transformation of filthy or haram materials into other materials, can be applied as a legal
method in determining the halal or haram status of a ceramic product.
1. INTRODUCTION
The art of ceramic is perhaps as old as human civilization. Initially, it started with clay and then passed through
many stages and sources such as stone, shell and metal before reaching the age of ceramic and porcelain. Ceramic
means the manufacture of any product made from a non-metallic mineral hardened at high temperatures (Peterson,
2003). The ceramic products which are used for fine art of dining and showcase are called ceramic tableware
products. The tableware market can be categorized into three types: dinnerware (e.g.: plates, bowls, cups, saucers and
mugs), glassware (e.g.: beverage ware, stemware and barware of both glass and crystal) and flatware (e.g.: eating
† Corresponding author
DOI: 10.18488/journal.1/2017.7.3/1.3.192.198
ISSN(e): 2224-4441/ISSN(p): 2226-5139
© 2017 AESS Publications. All Rights Reserved.
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International Journal of Asian Social Science, 2017, 7(3): 192-198
utensils) (Forkan and Ahmed, 2011). Globally, the world ceramic market is worth of €120 billion, including the
ceramic tableware sector (Cérame-Unie, 2007).
In the tableware ceramic industry, bone China is among the products that have gained high demand from
consumers. The beauty of bone China products in various forms is appealing enough for people to collect this
exclusive product, including Muslims. However, these products have become issues for Muslims, regarding the
permissibility status of using them, due to their production from animal bone (Zakaria and Haron, 2013). Apart from
bone China products, it was also reported that animal bones have been widely used in water filter products as a
potential absorbent for eliminating excessive fluoride in drinking water (Medellin-Castillo, 2007).
Halal has become a major concern for Muslims using products derived from animal substances (Halim and
Salleh, 2012). In general, the animal bone is considered halal if it is taken from halal animals which have been
slaughtered in accordance with the Islamic law. However the scholars hold different opinions regarding the
permissibility of using them, if the bone originates from ritually impure animals; such as pigs, or taken from dead
animals which were not slaughtered according to the Islamic law. The majority of scholars are of the opinion that it is
impure (najs) and therefore haram to be utilized (Al-Zuḥailī, 2007) This ruling is based on the general prohibition of
utilization of carrion and pig and their derivatives as stated in the Quran (al-Baqarah, 1:173; al-Mā‟idah, 5:3; al-
An‟ām, 6:145). The haram substances can, however, change into halal under certain circumstances that are
expounded under the principle of istiḥālah. In this case, the internal changes that alter the haram and converts it into
halal; such as the transformation of alcohol into vinegar, or when pork falls into salt and over time becomes an
indistinguishable part of it Ali (2013). Another classic example of istiḥālah is the changes of filth material to ashes
(al-ramād) through the combustion process (al-iḥrāq) (Al-Nadwī, 2006). This transformation can occur naturally, as
in the case when an alcoholic substance is left in an open place or exposed to the sun, or when other substances such
as onion, bread or yeast are immersed in it Kamali (2013). This paper is an attempt to propose the concept of istiḥālah
as an alternative purification method and to analyze the issue of ceramic-based products from animal bones. The
scientific evidence obtained will be used as a guideline for researchers to choose which opinions of Muslim jurists
that is more relevant to be applied for this issue.
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International Journal of Asian Social Science, 2017, 7(3): 192-198
Ceramic compositions for making bone china comprise of typically 50 % bone ash, 25 % China clay and 25 %
Cornish stone. They are made into a ceramic body by intimately mixing and usually wet milling the particulate
ingredients so as to produce aqueous slurry or slip suitable for casting in plaster molds; or at lower water content
plastic clay which may be molded or shaped. After drying to evaporate the water, such shaped objects are then fired
to a temperature in the region of 1250° C, in order to produce unglazed “China biscuit” ware of low porosity and
characteristic translucency. The biscuit ware is subsequently coated with a glaze slip and re-fired to a temperature of
about 1100° C to produce glazed China. One of the principal characteristics of ware produced in this way is its
translucency, coupled with whiteness, for which bone China (sometimes called fine China or English bone China) is
renowned for Thompson (1980). The raw materials for bone China are comparatively expensive, and the production
is labor-intensive, which is why bone China maintains a luxury status and high pricing.
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International Journal of Asian Social Science, 2017, 7(3): 192-198
transformation from filthy material to ashes (al-ramād) through the combustion process (al-iḥrāq) (Abū, n.d). The
istiḥālah principle can be determined based on three main categories of transformation which are; firstly, the
transformation of physical characteristics; secondly, the transformation of chemical substances and; thirdly, the
transformation of both physical and chemical characteristics (Mohammad and Jasimah, 2009). Physical
transformation includes odor, taste and color, whilst chemical transformation is the change of chemical substances in
the product. In the case of transformation of both physical and chemical characteristics, a substance undergoes
complete change and transforms into a new material. Some examples of physical transformations are animal skins,
except dogs and pigs, which are transformed into leather through the tanning process. An example of a chemical
transformation is the change of wine to vinegar through the fermentation process. In the latter example, both wine and
vinegar are still in liquid forms, but they are different in terms of chemical properties (Jamaludin et al., 2013).
Juristic opinion tends to differ over the legality and effects of istiḥālah. Can a Muslim consume or use an unclean
substance if its chemical properties have changed? The opinion of Hanafī and Malikī schools of thought hold this to
be permissible based on the reasoning that haram exists due to unclean properties, and when they have disappeared,
the original status of permissibility is restored; as in the case of alcohol changing into vinegar (Al-Khatīb, 2013). The
rulings (al-aḥkām) of Sharī‟ah are founded in their proper and effective causes (al-„ilal). In this case, when the
effective cause of a ruling collapses and no longer obtains, its relevant ruling also collapses and should be replaced
(Ibn Qayyim, 1991). Meanwhile, the jurists of the Shāfi‟ī and Ḥanbalī schools view that it is not permissible and
haram for Muslims to consume even though they have naturally changed their original nature and feature into a new
product (Al-Khatīb, 2013). In this case, the ashes resulted from combustion of feces, if it falls into a well, in large
quantities then the water will be considered unclean. Besides, the same decision is also applied to the salt if dead
animals immerse in the salty water, and become an inseparable part of it, so it is unlawful to use the salt. Their
arguments are based on the ḥadith of the Prophet Muhammad which forbade his companions to take wine as an
ingredient in food even after it has been converted into vinegar. The evidence for that is the ḥadith of Anas ibn Mālik
(may Allah be pleased with him) who said:
“The Messenger of Allah (peace and blessings of Allah be upon him) was asked whether wine could be
changed to be used as vinegar. He said, „No‟ (Reported by Muslim)”.
In this case, the process of the fermentation has been interrupted by human intervention. Thus, the ban on
alcoholic drinks or wine remains intact whether in its original nature or transformed feature. The same stand is held
on any impure substances such as pork, carrion, flowing blood and the like.
As conclusion, it can be seen that the Shāfi‟ī and Ḥanbalī schools have emphasized that the legal ruling of each
product should be determined at the early stage of the process, specifically on its raw material. If it originates from a
lawful material then the product is lawful. However, if it comes from an impure or forbidden material then the end
product is unlawful even if the nature of the impure subject has totally changed to apparent purity. On the other hand,
the Ḥanafī and Mālikī schools determined the ruling by looking at the end product whereby, if the original
characteristic of the impure including its taste, smell and color, has disappeared and transformed into a new product,
it will no longer be considered unclean.
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International Journal of Asian Social Science, 2017, 7(3): 192-198
Regarding the application of istiḥālah in bone China, firstly, raw materials (non ḥalāl animal bones) are boiled at
o
100 C to remove the organic materials such as gelatine and collagen. The bones are later calcined in a limited oxygen
supply at the heat degree of 1000 oC to produce bone ashes. During calcination process, the physical appearance of
animal bones is transformed into ashes (al-ramād). The bone ash is later mixed with other substances such as clay
and flux stones in specific amounts, to complete its transformation. According to the jurist opinion of Shāfi‟ī and
Ḥanbalī schools, the transformation process in bone China is considered as incomplete (istiḥālah ghayr kāmilah)
because the raw materials are from haram materials, consequently it is haram to be used, even though the original
nature of the bones has disappeared. However, the jurists of Ḥanafī and Mālikī view that it has undergone a complete
change (istiḥālah kāmilah) due to the characteristics of the bone are no longer available, thus it is considered halal.
The same application goes to the production of bone char used in water filters (Figure 2). The transformation
process occurs during the charring stage of bones at temperatures between 350-400 oC, where the bones are crushed
and sieved into grain sizes. It is suggested that the physical appearance of the bones still remain intact because the
bones are only charred and not fully transformed into ashes. Hence, the transformation process of bones in water filter
is considered as incomplete (istiḥālah ghayr kāmilah), in the opinion of most of the Islamic jurists from four schools.
In Malaysia, the determination of ḥalal and ḥarām status of ceramic products depends on the source of the
animal bones, as well as the rule of necessity (ḍarūrah) and prohibition of evasive legal devices (sadd al-ḏharāi„).
According to the Fatwa Committee of the National Fatwa Council for Islamic Religious Affairs Malaysia, upon
determination the ruling of the use of animal bone ashes (bone China) in the production of household goods and
ornaments, it is decided that according to Shāfi‟ī school of thought, the original substance of filth (najs) in pigs still
remains in bone China products and this substance will never disappear, thus the process of istiḥālah never occurred
(JAKIM, 2013).
The use of bone China products containing non-halal animal bone ashes other than pigs‟ is also prohibited, even
though the Ḥanafī scholars consider it as permissible. This is to prevent the use of non-halal ingredients in producing
other consumer products. Furthermore, it is not a necessity (ḍarūrah) for the society to use and own household goods
and ornaments made from bone China. Therefore, it is decided that, the use of household goods and ornaments made
from non-halal animal bone ashes, including those made from halal and edible animals which have not been
slaughtered according to Sharīāh principles, are not permissible. However, if the source of animal bone ashes in
China is derived from halal animals which have been slaughtered according to Sharīāh principles, its use is
permissible (JAKIM, 2013).
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International Journal of Asian Social Science, 2017, 7(3): 192-198
5. CONCLUSION
Istiḥālah process consists of three main elements; raw material, conversion agent and finished product. Based on
preponderant opinion, the method of istiḥālah in ceramic products is not applicable, due to the haram materials used
as raw materials, even though the original characteristics of bones have changed. Consequently, it is obligated for
Muslims to avoid from using ceramic based products of animal bones which are not halal certified. Finally, it is
suggested that the principle of istiḥālah to be one of the alternative methods that can be applied in current issues in
finding solution and dealing with halal and haram ceramic products for Muslim consumers.
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